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On the processing of personal data for telemarketing purposes
Published: 01.08.2018.

The Data State Inspectorate informs that in accordance with Section 1, Paragraph one of the Information Society Services Law (hereinafter - ISPL)
For the purposes of paragraph 3 , a commercial communication is any communication in electronic form intended for the direct or indirect
advertising services or promoting the image of a trader, organization or person carrying on a commercial activity,
economic activity or regulated professional activity. Information which gives an opportunity shall not be considered a commercial communication
directly access general information about the service provider and its activities (domain name or e-mail address).

The legal basis for sending commercial communications is defined Article 9 of the ISPL, namely a commercial communication to a natural person
electronic mail address or other electronic means of communication is authorized, provided that the consent of that person is obtained or
there are all The provisions of Section 9, Paragraph two of the ISPL , with additional observanceSection 9, Paragraph four of the ISPL. Thus a commercial statement
sending must be in accordance with ISPL and Provisions of the General Data Protection Regulation (hereinafter the Regulation).

With regard to the receipt of commercial communications (these are calls, e-mails, etc.), the Inspectorate indicates that if, for example, a person receives
a commercial statement addressing on behalf of (for example, SIA “X” calls Jānis Bērziņš, addressing on their behalf and
surname to offer a specific product; The e-mail address is addressed to: Jānis Bērziņa, we offer you
…), it is considered to be a processing of personal data within the meaning of the Regulation, as a specific
person . On the other hand, if a person receives a commercial communication in which the name is not addressed (for example, SIA “X”
telephone number at random or by e-mail: Dear. Customer!), The person is not identifiable, and thus
no personal data is processed.

The circulation of information society services within its competence is monitored by the Data State Inspectorate, Consumer Rights
protection center as well as other supervisory and control authorities. AppropriatelySection 13, Paragraph six of the ISPL , the Data State Inspectorate has
the obligation to carry out an inspection if one recipient of the service has received at least 10 commercial communications from one within one year
the service provider and if the service recipient has submitted a complaint regarding this to the supervisory authority (Inspectorate). If, when evaluating
the Inspectorate does not find that the data subject has received at least 10 commercial
one service provider and that the data subject himself has exercised his right to the protection of his personal data, namely
has requested to stop sending commercial communications, the Inspectorate shall not commence the inspection.

https://www.dvi.gov.lv/lv/par-personas-datu-apstradi-telemarketinga-v neededibam

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